Jury convicts juvenile charged as adult in shooting of trooper's dog

Palm Beach County Sheriff's Office

Ivins Rosier, 17, is charged with one count of burglary of a dwelling with a firearm, felony cruelty to animals with a firearm, and shooting into a building. Authorities say Rosier and another person committed the crimes at the home of Florida Highway Patrol Trooper Robert Boody. Drake, a German shepherd, suffered injuries included broken limbs, wounds to his forehead and jaw and damage to his esophagus.

Ivins Rosier, 17, is charged with one count of burglary of a dwelling with a firearm, felony cruelty to animals with a firearm, and shooting into a building. Authorities say Rosier and another person committed the crimes at the home of Florida Highway Patrol Trooper Robert Boody. Drake, a German shepherd, suffered injuries included broken limbs, wounds to his forehead and jaw and damage to his esophagus. (Palm Beach County Sheriff's Office)

Florida Highway Patrol Trooper Robert Boody's retired police dog, Drake, was near death when Palm Beach County Sheriff's Office Detective Philip DiMola questioned one of the suspects in the canine's shooting, then-16-year-old Ivins Rosier.

"If you shoot that dog and he dies, that's murder of a law enforcement officer," DiMola pressed Rosier on Nov. 21, 2012, in an interrogation recorded on video and watched by a Palm Beach County jury during its deliberations Friday.

As it turned out, the juvenile then confessed to DiMola, the 5-year-old German shepherd was euthanized two days later, and Rosier was charged as an adult and this week put on trial — but not for murdering a cop since Drake was retired and the law treats killing a dog differently than a human.

The end result: A guilty verdict on the felony counts of cruelty to animals with a firearm, burglary of a dwelling with a firearm and shooting into a building.

Circuit Judge Robin Rosenberg ordered Rosier, 17, to be held without bail at the Palm Beach County Jail, while defense attorneys Jack Fleischman and Rachel Preefer said they will seek a new trial and other legal challenges.

They plan to revisit their pre-trial argument that Rosier's indictment violates his right to be sentenced as a juvenile, which would mean far less prison time for the offenses.

Also, Fleischman says he'll return to the assertions he made during his closing arguments Thursday: There's insufficient evidence to find his client guilty beyond a reasonable doubt, regardless of the defendant's confession and GPS ankle monitor records showing Rosier was inside Boody's home on the night of the crimes.

Rosier's mother and numerous other relatives left the courtroom visibly distraught; they declined to comment on the jury's decision.

Assistant State Attorneys Judy Arco and Laura Laurie said they were pleased with the verdict and noted the case against co-defendant Gilson Gilles, 20, remains pending. Gilles faces the same charges from the Nov. 18, 2012 incident.

Arco asked Rosier's jury to consider his unforced confession and the GPS data linking Rosier to Boody's three-bedroom house on the 700 block of Quartz Terrace. Rosier was wearing the bracelet at the time as a condition of his arrest on another burglary charge.

On Wednesday, the trooper cried while testifying about coming home after work to find his home burglarized and Drake wounded from several gunshots.

"He was in obvious pain," Boody said.

The dog was alone at the time when he encountered the intruders. Drake's injuries included broken limbs, bullet wounds in his head and jaw, massive blood loss and lethal damage to his esophagus.

"That's horrific what was done there," Arco said.

The animal cruelty charge against Rosier was not based on Drake's status as a retired police dog or Boody's work as a trooper, prosecutors said.

Fleischman said the state presented a weak case.

"There's nothing that corroborates what [Rosier] said," Fleischman insisted, citing the lack of DNA, fingerprints, and a weapon. "Mere presence at the scene of a crime is insufficient to convict. If you take his statement out, what's left? They have zero evidence."

Fleischman had several sharp exchanges with DiMola during cross-examination.